In the matter of John (Care order) [2017] JRC 073 (22 May 2017)

In the matter of John (Care order) [2017] JRC 073 (22 May 2017)

The court found that there were reasonable grounds to suspect that John had suffered or was at risk of suffering significant harm as a result of the care given by his grandparents, based on his disclosures, medical evidence, and his fear of returning home. The interim care order was necessary to protect the child pending further investigation.

Citation
[2017] JRC 073
Parties
Applicant: Minister; First Respondent: John's maternal grandfather; Second Respondent: John's step-grandmother; Third Respondent: John's mother
Jurisdiction
Jersey
Judgment Date
22 May 2017
Procedural Posture
Interim Care Order Application / Interim Order With Reasons Reserved
Outcome
Interim care order granted
Legal Topics
Interim Care Orders, Significant Harm Threshold, Parental Responsibility, Child Welfare, Contact Arrangements
Family Law Child Protection Interim Care Orders Significant Harm Threshold Parental Responsibility Child Welfare Contact Arrangements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Minister

Applicant

John's maternal grandfather

First Respondent

John's step-grandmother

Second Respondent

John's mother

Third Respondent

Procedural Posture

Interim Care Order Application / Interim Order With Reasons Reserved

Legal Issues

  1. 1 Whether there are reasonable grounds for believing the child is suffering or likely to suffer significant harm attributable to the care given by the grandparents
  2. 2 Whether an interim care order should be granted in the best interests of the child

Ratio Decidendi

The court found that there were reasonable grounds to suspect that John had suffered or was at risk of suffering significant harm as a result of the care given by his grandparents, based on his disclosures, medical evidence, and his fear of returning home. The interim care order was necessary to protect the child pending further investigation.

Court Disposition

Interim care order granted

Orders

  • Adult psychologist to assess the grandparents within four weeks of instruction letter
  • Child psychologist to assess John within four weeks of instruction letter